The Advice and Consent of the Senate

A Study of the Confirmation of Appointments by the United States Senate

Joseph P. Harris

• Publisher: University of California Press
• Year: 2023
• Print ISBN: 9780520349292
• eBook ISBN: 9780520349315
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: Political Process
• Index: Politics & International Relations

This study offers a comprehensive examination of the Senate's role in confirming presidential appointments, a practice that remains integral to the U.S. Constitution's system of checks and balances. Originally intended to limit presidential power and prevent undue influence in key appointments, the process of Senate confirmation now raises questions about its effectiveness and the impact it has on the administrative function of government. The study investigates both the historical purpose and contemporary significance of this constitutional mechanism, providing a detailed account of how confirmation practices evolved, how they are enacted in today’s political landscape, and the complex relationships they create between the executive and legislative branches.

Central to this inquiry is the evolving nature of senatorial confirmation, particularly regarding the sheer volume of nominations submitted by presidents in recent years. Most of these appointments—particularly those for the armed services, foreign service, and other specialized career roles—are approved without individual scrutiny, turning Senate confirmation into what many see as a formality. However, for high-level civilian and military appointments, Senate approval holds significant weight, shaping the landscape of government leadership and often reflecting broader political tensions. By analyzing the constitutional basis, historical precedents, and specific cases of contested nominations, the study highlights both the strengths and shortcomings of the confirmation process.

The investigation also delves into the dynamics of "senatorial courtesy" and the extent to which partisan interests have influenced confirmation practices. This phenomenon grants individual senators substantial power over appointments within their states, often leading to political patronage and pressures that complicate the merit-based selection of public officials. Ultimately, the study calls for a re-evaluation of the scope of senatorial confirmation, suggesting that limiting its reach to only the highest offices could enhance government efficiency and reduce politicization in lower administrative roles. This approach, the study argues, could restore the intended purpose of confirmation as a meaningful check on presidential appointments, preserving the balance envisioned by the framers of the Constitution.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1953.

Table of contents

• Cover
• Title
• Copyright
• CONTENTS
• Chapter I INTRODUCTION
• Chapter II DEBATES ON THE APPOINTING POWER IN THE CONSTITUTIONAL CONVENTION
• Chapter III EARLY HISTORY OF SENATORIAL CONFIRMATION OF APPOINTMENTS: 1789-1828
• Chapter IV BATTLES BETWEEN ANDREW JACKSON AND THE SENATE OVER APPOINTMENTS
• Chapter V EFFORTS OF THE SENATE TO CONTROL APPOINTMENTS
• Chapter VI REASSERTION BY THE PRESIDENT OF HIS RIGHT TO NOMINATE
• Chapter VII THE BRANDEIS CASE
• Chapter VIII OPPOSITION BY SENATE LIBERALS TO THE APPOINT MENT OF CONSERVATIVES
• Chapter IX OPPOSITION BY SENATE CONSERVATIVES TO THE APPOINTMENT OF LIBERALS
• Chapter X THE CONTESTS OVER THE APPOINTMENTS OF DAVID E. LILIENTHAL AND GORDON R. CLAPP
• Chapter XI THE REJECTION OF LELAND OLDS
• ChapterXII PRESIDENT TRUMAN’S FIGHTS WITH THE SENATE
• Chapter XIII THE COURTESY OF THE SENATE
• ChapterXIV PROCEDURE
• ChapterXV CABINET OFFICERS AND HEADS OF INDEPENDENT AGENCIES
• ChapterXVI DIPLOMATIC OFFICERS
• ChapterXVII JUDGES
• ChapterXVIII ADMINISTRATIVE AND MILITARY OFFICERS
• Chapter XIX RECENT PROPOSALS TO EXTEND SENATORIAL CONFIRMATION
• ChapterXX EVALUATION: ISSUES AND PROPOSED REFORMS
• Appendix
• Notes
• Index